• First Reference
  • About us
  • Contact us
  • Blog Signup 📨

First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

  • Home
  • About
  • Archives
  • Resources
  • Buy Policies

Jeff Dutton, Dutton Employment Law

By Jeff Dutton, Dutton Employment Law | 2 Minutes Read May 4, 2017

Can an employer terminate an employee for just cause if they were charged with a criminal offense?

The laying of a criminal charge alone does not constitute just cause (i.e. dismissal without notice) in every instance. In order to summarily dismiss an employee for being charged with a criminal offense, the employer must show that there is some connection between the charge and the employer.

Article by Jeff Dutton, Dutton Employment Law / Employee Relations, Employment Standards, Human Rights, Payroll / criminal charge, criminal offence, discrimination in employment, employment law, just cause, Merritt v Tigercat Industries, record of offences, sexual assault

By Jeff Dutton, Dutton Employment Law | 2 Minutes Read March 27, 2017

Are employees of a marijuana dispensary protected by employment standards?

marijuana dispensary

marijuana dispensaryWith news almost every week of another marijuana dispensary raided by the police, Ontarian’s have asked, can the Ministry of Labour enforce employment standards (i.e. notice of termination, overtime, etc.) in favour of individuals who work at these criminal enterprises?

In short, yes. There is simply no exemption in the Employment Standards Act (“ESA”) which exempts individuals who perform work for a criminal enterprise. Although the ESA has many broad exemptions for whether someone is an “employee” covered by employment standards, it does not, however, exempt individuals working for a criminal enterprise.

The statutory interpretation maxim of “implied conclusion” supports a finding that the ESA applies to an individual who performs work for a criminal enterprise. An implied conclusion lies whenever there is reason to believe that if the legislature had meant to include a particular thing with its legislation, it would have referred to that thing (i.e. criminal activity) … Continue reading “Are employees of a marijuana dispensary protected by employment standards?”

Article by Jeff Dutton, Dutton Employment Law / Employee Relations, Employment Standards, Payroll, Privacy, Union Relations / Criminal Code of Canada, criminal enterprise, employment law, employment standards act, exemption to employment standards, Immigration Act, Labour Law, Labour Relations Act, lawfully entitled to work in Canada, marijuana dispensaries, marijuana dispensary, Ontario Ministry of Labour, perform work for illegal enterprises

By Jeff Dutton, Dutton Employment Law | 4 Minutes Read February 27, 2017

Termination clause and the importance of the word “minimum”

Employees are entitled to reasonable notice upon termination of their employment. However, a termination clause contained in an employment contract may oust the employer’s obligation to provide reasonable notice, so long as the termination clause actually limits the employee’s entitlement to notice, without violating employment standards.

Article by Jeff Dutton, Dutton Employment Law / Employee Relations, Employment Standards, Payroll, Union Relations / Clarke v. Insight Components (Canada) Inc., employee termination, employment law, employment standards act, employment standards code, Kosowan v Concept Electric, Miller v. A.B.M. Canada Inc., Nutting v Franklin Templeton Investments Corp, Termination clause, termination of employment

  • « Go to Previous Page
  • Go to page 1
  • Interim pages omitted …
  • Go to page 10
  • Go to page 11
  • Go to page 12

Footer

About us

Established in 1995, First Reference is the leading publisher of up to date, practical and authoritative HR compliance and policy databases that are essential to ensure organizations meet their due diligence and duty of care requirements.

First Reference Talks

  • Home
  • About
  • Archives
  • Resources
  • Buy Policies

Main Menu

  • About First Reference
  • Resources
  • Contact us
  • 1 800 750 8175

Stay Connected

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

We welcome your comments on our blog articles. However, we do not respond to specific legal questions in this space.
We do not provide any form of legal advice or legal opinion. Please consult a lawyer in your jurisdiction or try one of our products.


Copyright © 2009 - 2023 · First Reference Inc. · All Rights Reserved
Legal and Copyright Notices · Publisher's Disclaimer · Privacy Policy · Accessibility Policy